James L. and Leta A. Thurman - Page 12

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          sec. 1.1368-1(f)(5), Proposed Income Tax Regs., 57 Fed. Reg.                
          24435 (June 9, 1992).  Thus, the regulations also allow for a               
          taxpayer to make the election on an amended return.  EMFI did not           
          attach an election statement in respect to section 1368(e)(3) to            
          its Form 1120S nor did it file an election with an amended Form             
          1120S.                                                                      
               Notwithstanding the fact that EMFI did not file an election            
          statement with the Secretary under section 1368(e)(3), respondent           
          argues that we should apply the doctrine of substantial                     
          compliance to find that EMFI elected to treat all distributions             
          in its fiscal year ended October 31, 1993, as taxable                       
          distributions of earnings and profits.  Petitioners argue that              
          respondent may not invoke the doctrine of substantial compliance            
          to create a binding election when the taxpayer does not make and            
          file an election in accordance with the Secretary’s requirements            
          and procedures.                                                             
               Historically, this Court has, under limited circumstances,             
          excused taxpayers from strict compliance with procedural                    
          regulatory requirements as long as the taxpayer "substantially              
          complied" by fulfilling the essential statutory purpose.  See,              
          e.g., American Air Filter Co. v. Commissioner, 81 T.C. 709, 720             
          (1983); Tipps v. Commissioner, 74 T.C. 458, 468 (1980); Taylor v.           
          Commissioner, 67 T.C. 1071 (1977); Hewlett-Packard Co. v.                   
          Commissioner, 67 T.C. 736, 748 (1977); Sperapani v. Commissioner,           





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